1. With a view to the progressive establishment
of an area of freedom, security and justice, the Treaty establishing
the European Community provides both for the adoption of measures
aimed at ensuring the free movement of persons, in conjunction
with flanking measures relating to external border controls, asylum
and immigration, and for the adoption of measures relating to
asylum, immigration and safeguarding the rights of third-country
nationals.

2. Article 63(3) of the Treaty provides
that the Council is to adopt measures on immigration policy. Article
63(3)(a) provides, in particular, that the Council is to adopt
measures relating to the conditions of residence, and standards
on procedures for the issue by Member States of long-term residence
permits.

3. The European Council, at its special
meeting in Tampere on 15 and 16 October 1999, stated that the
legal status of third-country nationals should be approximated
to that of Member States' nationals and that a person who has
resided legally in a Member State for a period of time to be determined
and who holds a long-term residence permit should be granted in
that Member State a set of uniform rights which are as near as
possible to those enjoyed by citizens of the European Union.

4. This Directive respects the fundamental
rights and observes the principles recognised in particular by
the Charter of Fundamental Rights of the European Union.

5. The integration of third-country nationals
who are long-term residents in the Member States is a key element
in promoting economic and social cohesion, a fundamental objective
of the Community declared by Articles 2 and 3(1)(k) of the Treaty.

6. The chief criterion for acquiring the
status of long-term resident should be the duration of residence
in the territory of a Member State. Residence should be both legal
and continuous in order to show that the person has put down roots
in the country. Provision should be made for a degree of flexibility
so that account can be taken of circumstances in which a person
might have to leave the territory on a temporary basis.

7. To acquire long-term resident status,
third-country nationals should prove that they have adequate resources
and sickness insurance cover, to avoid becoming a burden for the
Member State. The level of such resources should not be disproportionate
and should be set uniformly for all the Member States. A further
condition for acquiring the status is that third-country nationals
should not constitute an actual threat to public order and domestic
security.

8. A set of rules governing the procedures
for the examination of applications for long-term resident status
should be laid down. Those procedures should be effective and
manageable, taking account of the normal workload of the Member
States' administrations, as well as transparent and fair in order
to offer appropriate legal certainty to those concerned.

9. The acquisition of long-term resident
status should be certified by residence permits enabling those
concerned to prove their legal status easily and immediately.
Such residence permits should also satisfy high-level technical
standards, notably as regards protection against falsification
and counterfeiting, in order to avoid abuses in the Member State
in which the status is acquired and in Member States in which
the right of residence is exercised.

10. In order to constitute a genuine instrument
for the integration of long-term residents into the society in
which they live, long-term resident status should ensure equality
of treatment with citizens of the Member State in a wide range
of economic and social matters.

11. Long-term residents should enjoy maximum
protection against expulsion. This protection is based on Community
law relating to free movement of persons and criteria determined
by the decisions of the European Court of Human Rights. Protection
against expulsion entails provision in the applicable procedures
for effective judicial redress procedures.

12. Harmonisation of the terms for acquisition
of long-term resident status promotes mutual confidence between
Member States. Certain Member States issue permits with permanent
or unlimited validity on conditions that are more favourable than
those provided for by this Directive. The possibility of applying
more favourable national provisions is not excluded by the Treaty.
However, for the purposes of this Directive, it should be provided
that permits issued on more favourable and unharmonised terms
do not confer the right to reside in other Member States.

13. Establishing the conditions subject
to which the right to reside in another Member State may be acquired
by third-country nationals who are long-term residents contributes
to the effective attainment of an internal market as an area in
which the free movement of persons is ensured. It could also constitute
a major factor of mobility, notably on the Union's employment
market.

14. It should be provided that the right
of residence in another Member State may be exercised in order
to work in an employed or self-employed capacity, to study or
even to settle without exercising any form of economic activity.
Family members should be able to settle in that other Member State
with long-term residents in order to preserve family unity and
to avoid hindering the exercise of the long-term resident's right
of residence. The right of residence should be exercised on terms
similar to those enjoyed by citizens of the Union when they exercise
their right to free movement.

15. The Member State in which a long-term
resident intends to exercise his right of residence should be
able to check that the person concerned meets the conditions for
residing in its territory. It should also be able to check that
the person concerned does not constitute an actual threat to public
order, domestic security or public health.

16. A set of rules governing the procedures
for examination of applications by long-term residents for a residence
permit in another Member States should be laid down. Those procedures
should be effective and manageable, taking account of the normal
workload of the Member States' administrations, as well as transparent
and fair, in order to offer appropriate legal certainty to those
concerned. They should not constitute a means of hindering the
exercise of the right of residence.

17. To avoid rendering the right of residence
nugatory, long-term residents should enjoy in the second Member
State the rights they enjoy in the Member State in which they
acquired the status. Exceptions from this principle should be
provided for as regards social security benefits to ensure that
the persons concerned do not become a burden on the Member State
in which they exercise the right of residence. The rights enjoyed
by the persons concerned in the second Member State should be
similar to those enjoyed by citizens of the Union when they exercise
their right of free movement.

18. It should be provided that after a transitional
period long-term residents may elect to settle definitively in
the Member State in which they have exercised their right of residence
in order to enjoy full rights there, including the right to social
security benefits. In the interests both of the persons concerned
and of the first and second Member States, this transitional period
should not be excessively long and at the end of the transitional
period the long-term residents should be able to apply for long-term
resident status in the second Member State, entailing withdrawal
of long-term resident status in the Member State in which they
originally acquired it.

19. In accordance with the principles of
subsidiarity and proportionality as set out in Article 5 of the
Treaty, the objectives of the proposed action, namely the determination
of terms for granting and withdrawing long-term resident status
and the rights pertaining thereto and terms for the exercise of
rights of residence by long-term residents in other Member States,
cannot be sufficiently achieved by the Member States and can therefore,
by reason of the scale and effect of the action, be better achieved
by the Community. This Directive confines itself to the minimum
required to achieve those objectives and does not go beyond what
is necessary for that purpose,

HAS ADOPTED THIS DIRECTIVE:

Chapter I

General provisions

Article 1

Subject matter

This Directive determines:

(a) the terms for conferring and withdrawing
long-term resident status granted by a Member State in relation
to third-country nationals legally residing in its territory,
and the rights pertaining thereto; and

(b) the terms on which third-country nationals
enjoying long-term resident status have the right of residence
in Member States other than the one which conferred that status
on them.

Article 2

Definitions

For the purposes of this Directive:

(a) "third country national"
means any person who is not a citizen of the Union within the
meaning of Article 17(1) of the Treaty;

(b) "long-term resident"
means any third-country national who has long-term resident status
as provided for by Article 8;

(c) "first Member State"
means the Member State which granted a third-country national
long-term resident status;

(d) "second Member State"
means any Member State other than the one which for the first
time granted a third-country national long-term resident status
and in which that long-term resident exercises the right of residence;

(e) "family members" means
the applicant's spouse or unmarried partner, minor children and
relatives in the ascending line and adult dependent children admitted
to the Member State concerned and residing there in accordance
with Council Directive . . ./. . ./EC on the right to family reunification[4]2.
The family members of citizens of the Union are defined by the
Community legislation relating to free movement of persons in
accordance with Article 4 of that Directive;

(f) "refugee" means any
third-country national enjoying refugee status within the meaning
of the Geneva Convention on the Status of Refugees of 28 July
1951, as amended by the Protocol signed in New York on 31 January
1967;

(g) "long-term resident's EC residence
permit" means a residence permit issued by the Member
State concerned upon the acquisition of long-term resident status.

Article 3

Scope

1. This Directive applies to third-country
nationals residing legally in the territory of a Member State.

2. This Directive does not apply to third-country
nationals who:

(a) are authorised to reside in a Member
State on the basis of temporary protection or have applied for
authorisation to reside on that basis and are awaiting a decision
on their status;

(b) are authorised to reside in a Member
State on the basis of a subsidiary form of protection in accordance
with international obligations, national legislation or the practice
of the Member States or have applied for authorisation to reside
on that basis and are awaiting a decision on their status;

(c) have applied for recognition as refugees
and whose application has not yet given rise to a final decision;

(d) reside in order to pursue studies, with
the exception of studies for a doctorate, or vocational training,
or as an au pair or seasonal worker, or as workers posted
by a service provider for the purposes of cross-border provision
of services, or as cross-border providers of services;

(e) enjoy a legal status governed by the
Vienna Convention on diplomatic relations of 1961, the Vienna
Convention on Consular Relations of 1963, the Convention of 1969
on Special Missions or the Vienna Convention on the Representation
of States in their Relations with International Organisations
of a Universal Character of 1975.

3. Third-country nationals who are members
of the family of citizens of the Union who have exercised their
right to free movement of persons may not acquire long-term resident
status in the citizen of the Union's host Member State until they
have obtained the right of permanent residence in that Member
State within the meaning of the legislation on the free movement
of persons.

4. This Directive shall apply without prejudice
to more favourable provisions of:

(a) bilateral and multilateral agreements
between the Community or the Community and its Member States,
on the one hand, and third countries, on the other;

(b) the European Convention on Establishment
of 13 December 1955, the European Social Charter of 18 October
1961 and the European Convention on the Legal Status of Migrant
Workers of 24 November 1977.

5. This Directive shall apply without prejudice
to the obligations imposed by Article 33 of the Geneva Convention
of 28 July 1951 on the Status of Refugees, as amended by the New
York Protocol of 31 January 1967, and Article 3 of the Convention
for the Protection of Human Rights and Fundamental Freedoms of
4 November 1950.

Article 4

Non-discrimination clause

The Member States shall give effect to the provisions
of this Directive without discrimination on the basis of sex,
race, colour, ethnic or social origin, genetic characteristics,
language, religion or beliefs, political or other opinions, membership
of a national minority, fortune, birth, disabilities, age or sexual
orientation.

Chapter II

Long-term resident status in a Member
State

Article 5

Duration of residence

1. Member States shall grant long-term resident
status to third-country nationals who have resided legally and
continuously for five years in the territory of the Member State
concerned.

2. For the purposes of calculating the period
of legal and continuous residence referred to in paragraph 1:

(a) periods of residence in the territory
of the Member State as asylum-seeker or as beneficiary of temporary
protection shall be taken into account solely if the third-country
national is a refugee;

(b) periods of residence for study purposes,
with the exception of study towards a doctorate, shall be taken
into account as to half only.

3. Periods of absence from the territory
of the Member State concerned shall not interrupt the period of
legal and continuous residence referred to in paragraph 1 and
shall be included for the purposes of calculating that period
where they are:

(a) shorter than six consecutive months;
or

(b) related to the discharge of military
obligations, detachment for employment purposes, including the
provision of cross-border services, studies, with the exception
of study for a doctorate, or research, serious illness, pregnancy
or maternity; or

(c) related to residence in a second Member
State as member of the family of a long-term resident exercising
the right of residence under this Directive or of a citizen of
the Union exercising the right to free movement of persons.

4. Uninterrupted periods of residence of
at least two years in the Member State concerned by a family member
of a citizen of the Union, who as family member resides in a third
state and within a period of three years returns to the Member
State concerned, shall be taken into account in the calculation
of the period of residence referred to in paragraph 1.

Article 6

Conditions as to resources and sickness insurance

1. Member States shall ask third-country
nationals to provide evidence that they have, for themselves and
for dependent family members:

(a) stable resources corresponding to the
level of resources below which social assistance may be granted
in the Member State concerned. Where this provision cannot be
applied, the resources shall be considered to be adequate where
they are equal to the level of the minimum social security pension
paid by the Member State concerned. The criterion of stability
of resources shall be evaluated by reference to the nature and
regularity of the resources enjoyed prior to the application for
long-term residence status;

(b) sickness insurance covering all risks
in the Member State concerned.

2. The conditions in paragraph 1 shall not
apply to:

(a) refugees;

(b) third-country nationals born in the territory
of a Member State.

Article 7

Public policy and domestic security

1. Member States may refuse to grant long-term
resident status where the personal conduct of the person concerned
constitutes an actual threat to public order or domestic security.

2. Criminal convictions shall not in themselves
automatically warrant the refusal referred to in paragraph 1.
Such refusal may not be founded on economic considerations.

Article 8

Acquisition of status

1. To acquire long-term resident status,
the third-country national concerned shall lodge an application
with the competent authorities of the Member State in which he
resides. The application shall be accompanied by documentary evidence
that he meets the conditions set out in Articles 5 and 6.

2. The competent national authorities shall
examine the application within six months after it is lodged.
If the application is not accompanied by all the documentary evidence
that the applicant meets the conditions provided for by Articles
5 and 6, the competent national authorities shall inform the third-country
national concerned and allow additional time. In this event the
six-month period shall be suspended and shall run again from the
time when the additional documentary evidence is provided.

3. If the conditions provided for by Articles
5 and 6 are met, and the person does not represent a threat within
the meaning of Article 7, the Member State concerned shall grant
the third-country national concerned long-term resident status.
This status shall be permanent, subject to Article 10.

Article 9

Long-term resident's EC residence permit

1. Member States shall issue a long-term
resident's EC residence permit to long-term residents. The permit
shall be valid for 10 years; it shall be automatically renewable
on expiry.

2. A long-term resident's EC residence permit
may be issued in the form of a sticker or of a separate document.
It shall be issued in accordance with the rules and standard model
in Council Regulation (EC) . . ./. . . [laying down a uniform
model for the residence permit for third-country nationals][5].
Under the heading "type of permit", the Member States
shall enter "long-term residentEC".

3. A long-term resident's EC residence permit
shall be issued free of charge or against payment of a sum not
exceeding the charges required of nationals for the issuance of
identity cards.

Article 10

Withdrawal of status

1. Member States shall withdraw long-term
resident status in the following cases:

(a) absence from the territory for a period
of two consecutive years. Member States may provide for derogations
in the event of absence related to the discharge of military obligations,
detachment for employment purposes, studies or research, serious
illness, pregnancy or maternity;

(b) detection of fraudulent acquisition of
long-term resident status;

(c) acquisition of long-term resident status
in another Member State as provided by Article 27;

(d) adoption of an expulsion measure under
the conditions provided for in Article 13.

2. Absences related to the exercise of the
right of residence in a second Member State shall not entail withdrawal
of long-term resident status.

3. Member States may provide that prolonged
absences exceeding two years or related to reasons not referred
to in paragraph 1 shall not entail withdrawal of long-term resident
status.

4. The expiry of a long-term resident's
EC residence permit shall in no case entail withdrawal of long-term
resident status.

5. Member States shall issue to the person
concerned a residence permit other than a long-term resident's
EC residence permit if:

(a) long-term resident status is withdrawn
pursuant to paragraph 1(a) or (b); or

(b) an expulsion measure cannot be executed
against a long-term resident.

Article 11

Procedural guarantees

1. Reasons shall be given for any decision
rejecting an application for long-term resident status or withdrawing
that status. It shall be notified in writing to the third-country
national concerned. The notification shall specify the redress
procedures available and the time within which he may act.

2. A third-country national whose application
for long-term resident status is rejected may subsequently lodge
another application if changes in his personal circumstances so
justify.

3. Where an application for long-term resident
status is rejected or that status is withdrawn or the residence
permit is not renewed, the person concerned shall have the right
to apply to the courts of the Member State concerned.

(a) access to employment and self-employed
activity, provided such activities do not entail even occasional
involvement in the exercise of public authority, and conditions
of employment and working conditions, including conditions regarding
dismissal and remuneration;

(b) education and vocational training, including
study grants;

(c) recognition of diplomas, certificates
and other qualifications issued by a competent authority;

(d) social protection, including social security
and health-care;

(e) social assistance;

(f) social and tax benefits;

(g) access to goods and services and the
supply of goods and services made available to the public, including
housing;

(h) freedom of association and affiliation
and membership of an organisation representing workers or employers
or of any organisation whose members are engaged in a specific
occupation, including the benefits conferred by such organisations;

(i) free access to the entire territory of
the Member State concerned.

2. Member States may extend the benefit
of equal treatment to matters not referred to in paragraph 1.

Article 13

Protection against expulsion

1. Member States may take a decision to
expel a long-term resident solely where his personal conduct constitutes
an actual and sufficiently serious threat to public order or domestic
security that affects a fundamental interest of society.

2. Personal conduct shall not be considered
a sufficiently serious threat if the Member State does not take
severe enforcement measures against its own nationals who commit
the same type of offence.

3. Criminal convictions shall not in themselves
automatically warrant an expulsion decision. Such a decision may
not be founded on economic considerations.

4. Before taking a decision to expel a long-term
resident, Member States shall have regard to the following factors:

(a) the duration of residence in their territory;

(b) the age of the person concerned;

(c) the consequences for the person concerned
and family members;

(d) links with the country of residence or
the absence of links with the country of origin.

5. Where an expulsion decision has been
adopted, a judicial redress procedure shall be available to the
long-term resident in the Member State concerned. Member States
shall provide that such procedures may have suspensory effect.

6. Legal aid shall be given to long-term
residents lacking adequate resources, on the same terms as apply
to nationals of the State where they reside.

Member States may issue residence permits of
permanent or unlimited validity on terms that are more favourable
than those laid down by this Directive. Such residence permits
shall not confer the right of residence in the other Member States
as provided by Chapter III of this Directive.

Chapter III

Right of residence in the other Member
States

Article 15

Principle

1. A long-term resident may exercise the
right of residence in the territory of Member States other than
the one which granted him the status, for a period exceeding three
months, as provided by this Chapter.

2. This Chapter does not concern the residence
of long-term residents in the territory of the Member States:

(a) as employed workers posted by a service
provider for the purposes of cross-border provision of services;
or

(b) as providers of cross-border services.

Article 16

Conditions

1. The exercise of the right of residence
in a second Member State by a long-term resident shall be subject
to compliance with the following conditions:

(a) exercise of an economic activity in an
employed or self-employed capacity; or

(b) pursuit of studies or vocational training,
and possession of adequate resources available to avoid becoming
a burden on the second Member State during the period of residence
and sickness insurance covering all risks in the second Member
State; or

(c) possession of adequate resources available
to avoid becoming a burden on the second Member State during the
period of residence and sickness insurance covering all risks
in the second Member State.

2. Long-term residents exercising the right
of residence in a second Member State as worker in an employed
or self-employed capacity shall retain their status as workers
if:

(a) they sustain a temporary incapacity for
work as a result of illness or accident;

(b) they are unemployed and entitled to unemployment
benefits; in this case, the status of worker shall be retained
as long as such entitlement subsists;

(c) they embark on vocational training. Unless
they are in a state of involuntary unemployment, the retention
of worker status depends on the existence of a relation between
the previous occupational activity and the training concerned.

Article 17

Checks on conditions for the exercise of the right
of residence

1. No later than three months after entering
the territory of the second Member State, the long-term resident
shall apply to the competent authorities of that Member State
for a residence permit.

2. To check for compliance with the conditions
provided for by Article 16(1)(a), the second Member State may
ask the persons concerned to present with their application for
a residence permit:

(a) their long-term resident's permit and
an identity document; and

(b) evidence that they have an employment
contract or a statement by the employer that they are hired, or
that they exercise an economic activity in a self-employed capacity,
or that they have the resources needed to exercise an economic
activity in a self-employed capacity, together with a detailed
description of that activity.

3. To check for compliance with the conditions
provided for by Article 16(1)(b), the second Member State may
ask the persons concerned to present with their application for
a residence permit:

(a) their long-term resident's permit and
an identity document;

(b) evidence of enrolment in an accredited
establishment in order to pursue studies or vocational training;
and

(c) evidence that they have adequate resources
and sickness insurance covering all risks in the second Member
State.

4. To check for compliance with the conditions
provided for by Article 16(1)(c), the second Member State may
ask the persons concerned to present with their application for
a residence permit:

(a) their long-term resident's permit and
an identity document; and

(b) evidence that they have adequate resources
and sickness insurance covering all risks in the second Member
State.

Article 18

Family members

1. Members of the family, as already constituted
in the first Member State, shall have the right to accompany or
join a long-term resident who has exercised his right of residence
in a second Member State. No later than three months after entering
the territory of the second Member State, the family members shall
apply to the competent authorities of that Member State for a
residence permit.

2. The second Member State may ask the family
members concerned to present with their application for a residence
permit:

(a) their long-term resident's permit or
residence permit and an identity document;

(b) evidence that they have resided as member
of the family of the long-term resident in the first Member State;
and

(c) evidence that they have adequate resources
and sickness insurance covering all risks in the Second Member
State or that the long-term resident has such resources and insurance
for them.

3. Where the family was not already constituted
in the first Member State, Directive . . ./. . ./EC [on the right
to family reunification][6]
shall apply.

Article 19

Public policy and domestic security

1. Member States may refuse applications
for residence from long-term residents or family members where
the personal conduct of the person concerned constitutes an actual
threat to public order or domestic security.

2. Criminal convictions shall not in themselves
automatically warrant the refusal referred to in paragraph 1.
Such a refusal may not be founded on economic considerations.

Article 20

Public health

1. The only diseases or infirmities that
may justify a refusal to allow entry or the right of residence
in the territory of a Member State shall be the quarantinable
diseases referred to by the World Health Organisation's International
Health Regulation No 2 of 25 May 1951 and such other infectious
or contagious parasite-based diseases as are the subject of protective
provisions in relation to nationals in the host country. Member
States may not introduce new more restrictive provisions or practices.

2. Diseases or infirmities contracted after
the first residence permit was issued shall not justify a refusal
to renew the permit or expulsion from the territory.

3. A Member State may impose a medical examination,
performed free of charge, for persons to whom this Directive applies,
in order to certify that they do not suffer from any of the diseases
referred to in paragraph 1. Such medical examinations may not
be performed on a systematic basis.

Article 21

Examination of applications and issuance of a
residence permit

1. The competent national authorities shall
examine applications within three months after they are lodged.
If an application is not accompanied by the documentary evidence
listed in Article 17(2), (3) and (4) and Article 18(2), the competent
national authorities shall inform the third-country national concerned
and allow additional time. In this event the three-month period
shall be suspended and shall run again from the time when the
additional documentary evidence is provided.

2. If the conditions provided for in Articles
16 and 18(1) are met, then subject to the provisions relating
to public policy, domestic security and public health in Articles
19 and 20, the second Member State shall issue the long-term resident
with a renewable residence permit. The period of validity of this
permit shall correspond to the foreseeable duration of residence.
The long-term resident shall inform the Member State which granted
him long-term resident status.

3. The second Member State shall issue members
of the long-term resident's family with renewable residence permits
valid for the same period as the permit issued to the long-term
resident.

4. Permits shall be issued free of charge
or against payment of a sum not exceeding the charges required
of nationals for the issuance of identity cards.

Article 22

Procedural guarantees

1. Reasons shall be given for any decision
rejecting an application for a residence permit. It shall be notified
in writing to the third-country national concerned. The notification
shall specify the redress procedures available and the time within
which he may act.

2. Where an application for a residence
permit is rejected, or the permit is not renewed or is withdrawn,
the person concerned shall have the right to apply to the courts
of the Member State concerned.

Article 23

Maintenance of status in the first Member State

1. Long-term residents exercising their
right of residence in a second Member State shall retain their
long-term resident status in the first Member State for as long
as they do not acquire that status in the second Member State.

2. Members of the family of a long-term
resident exercising his right of residence who are not themselves
long-term residents shall retain the residence permits issued
in the first Member State until they expire.

3. If the family members have not yet acquired
an autonomous residence permit as provided for by Article 13 of
Directive . . ./. . ./EC [on the right to family reunification],
their period of legal residence in the second Member State shall
be taken into account in the first Member State for the purposes
of acquiring the autonomous residence permit.

Article 24

Rights in the second Member State

1. As soon as they have received the residence
permit provided for by Article 21 in the second Member State,
long-term residents shall in that Member State enjoy the rights
enumerated in Article 12, with the exception of social assistance
and study grants.

2. As soon as they have received the residence
permit provided for by Article 21 in the second Member State,
members of the family of the long-term resident shall in that
Member State enjoy the rights listed in Article 12(1) and (2)
of Directive . . ./. . ./EC [on the right to family reunification][7].

Article 25

Withdrawal of residence permit

1. During a five-year transitional period,
the second Member State may take a decision to expel a long-term
resident and/or family members:

(a) on grounds of public policy or domestic
security as defined in Article 19;

(b) where the conditions provided for by
Articles 16 and 18 are no longer met.

2. Expulsion decisions may not be accompanied
by a permanent ban on residence.

Article 26

Obligation to readmit

1. If the residence permit is withdrawn
by the second Member State, the first Member State shall immediately
readmit the long-term resident and his family members.

2. The obligation to readmit referred to
in paragraph 1 shall apply even if:

(a) the long-term resident's EC residence
permit has expired;

(b) the family members' residence permit
has expired.

Article 27

Acquisition of long-term resident status in the
second Member State

1. After five years' legal residence in
its territory, long-term residents who have exercised the right
of residence in the territory of the second Member State may apply
to that Member State's competent authorities for long-term resident
status.

2. The second Member State shall grant long-term
residents the status provided for by Article 8, subject to the
provisions of Articles 6 and 7. The second Member State shall
notify its decision to the first Member State, which shall withdraw
the status from the persons concerned.

3. The procedure laid down in Article 8
shall apply to the presentation and examination of applications
for long-term resident status in the second Member State. Article
9 shall apply for the issuance of the residence permit. Where
the application is rejected, the procedural guarantees provided
for by Article 11 shall apply.

Chapter IV

Final provisions

Article 28

Penalties

Member States shall lay down the rules on penalties
applicable to infringements of the national provisions adopted
pursuant to this Directive and shall take all measures necessary
to ensure that they are implemented. The penalties provided for
must be effective, proportionate and dissuasive. The Member States
shall notify those provisions to the Commission by the date specified
in Article 30 at the latest and shall notify it without delay
of any subsequent amendment affecting them.

Article 29

Report

By 31 December 2005 at the latest, the Commission
shall report to the European Parliament and the Council on the
application of this Directive in the Member States and shall propose
such amendments as may be necessary.

Article 30

Transposition

Member States shall bring into force the laws,
regulations and administrative provisions necessary to comply
with this Directive by 31 December 2003 at the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be made.

Article 31

Entry into force

This Directive shall enter into force on the
twentieth day following that of its publication in the Official
Journal of the European Communities.